Legal Notices

NOTICE OF SUCCESSOR TRUSTEE’S SALE Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, Eric M. Johnson and R. Douglas Calderwood, by that certain Deed of Trust made by Nitro Lodge No. 565, Loyal Order of Moose, Inc., dated November 19, 2015 and recorded December 17, 2015 in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 4143 at page 380, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated April 7, 2020 and recorded April 16, 2020 in the aforesaid Clerk’s office in Trust Deed Book 4418, at page 144, and default having been made in the payment of the Note secured by the aforesaid Deed of Trust, and having been requested in writing by the owner and holder of the Note, will offer for sale, at public auction, to the highest bidder at the front door of the Courthouse of Kanawha County, West Virginia, on June 11, 2020 at 9:00 a.m., all that certain lot, piece or parcel of real property, together with improvements thereon, situate in Nitro, Union District, Kanawha County, West Virginia, being more particularly bounded and described as follows: Parcel No. One Parcel situate in the City of Nitro, Union District, Kanawha County, West Virginia, and being more particularly bounded and described as follows. BEGINNING at a stone in the easterly right of way line of the old County Road, a present common corner between the Nitro Moose Lodge lot and a tract owned by C.W. Dobbins, and being formally a common corner between the Rust and Mohler lands; thence with the said line of the Old County Road, N.9 deg. 30′ E. 5.0 feet to an iron pipe; thence leaving the said line of the road and running through the said Dobbins tract up the hill, S. 84 deg. 20′ E. 53.2 feet to a stake in the present division line between said Dobbins and the Nitro Moose Lodge lot; thence with the said present division line, down the hill, N. 89 deg. 50′ W. 53.9 feet to the beginning and containing 133.0 square feet, said parcel herein conveyed is shown upon a map entitled, “Plat of Lot For Nitro Moose Lodge, Nitro, Union District, Kanawha Co. West Virginia”, made by N.L. Rose, Reg. Prof. Eng. Dated September 24,1960, and being the same real estate conveyed unto Edwin W. Townson, Maury A. Tucker and Morris N. Cooley, Trustees for Nitro Lodge No. 565, Loyal Order of Moose, and as such constituting the “Board of Trustees of Nitro Lodge No. 565, Loyal Order of Moose”, by virtue of a deed from C.W. Dobbins, and Hazel M. Dobbins, his wife, dated October 15, 1960, and of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Deed Book 1324 at page 342, reference to said map and deed being made herein for all pertinent purposes. Parcel situate in the City of Nitro, Union District, Kanawha County, West Virginia, and being more particularly bounded and described as follows: Parcel No. Two. All that certain lot or parcel of land, containing 4.74 acres, more or less, being bounded and described as follows: BEGINNING at a set stone in a low gap seventy-five feet south of the center line of the Appalachian Electric Power Company high tension line, co-ordinate location North eight plus eighty-seven and ninety-one hundredths, East fifty-five plus forty-five and thirty-seven hundredths and running with the outside boundary line of the Nitro Industrial Corporation South nine degrees twenty-eight minutes West two hundred forty-one and twenty-seven hundredths feet to an iron pipe thence leaving the said boundary line North eighty-seven degrees 01 minutes West eight hundred four and eighty-four hundredths feet down the mountain to an iron pipe at the southeast corner of the N.E. Church lot now owned by D. Ferrari, thence with his east and north lines North fourteen degrees forty minutes East eighty-two and fifty hundredths feet to an iron pipe, North eighty-eight degrees forty-one minutes West one hundred thirty-two feet to a large set stone on the Rust-Mohler Lumber Company line and marked “C” and “SR” standing on the east side of the old County Road and against the northwest comer of the stone Ferrari garage, thence leaving Ferrari and with the east side of the County Road sixteen and one half feet from the center line thereof North thirty-four degrees thirty-one minutes East one hundred ninety-eight and thirteen hundredths feet to an iron pipe, thence leaving the old County Road south eighty-seven degrees 01 minutes East eight hundred forty-five and forty-eight hundreds feet to the place of beginning, containing four and seventy-four hundredths acre, more or less, situate in Area “P”, Nitro, Nitro independent District, Kanawha County, West Virginia. The above described property is a part of Area “P”, shown on a map entitled, “Plats of Areas P, R and S of Nitro Reservation”, of record in the aforesaid Clerk’s Office in Map Book 2 at pages 141 and 142. And being the same real estate conveyed unto Edward Townsend, and others, constituting the Board of Trustees of Nitro Lodge No. 565, Loyal Order of Moose, a statutory corporation, by C.W. Dobbins and Hazel M. Dobbins, his wife, be deed dated May 6, 1964, of record in said Clerk’s Office in Deed Book 1408 at page 232. There is reserved and excepted from this conveyance a small portion conveyed by Edwin W. Townsend, and others as Trustees of Nitro Lodge No. 565, Loyal Order of Moose, a corporation, unto C.W. Dobbins and Hazel M. Dobbins, his wife, by deed dated October 20, 1960, of record in said Clerk’s Office in Deed Book 1324 at page 345. This conveyance is made subject to the reservations, exceptions and conditions contained in that certain deed from Nitro Industrial Corporation to C.W. Dobbins and Hazel M. Dobbins, his wife, dated the 21st day of April 1933, and of record in Deed Book 387 at page 60. Parcel No. Three. Situate in Union District, Kanawha County, West Virginia, and more particularly bounded and described as follows: BEGINNING at a stone on the County road near this comer of the Gallia Rust land which joins the Daniel F. Mohler land, said stone being marked R on one side of C on the other; thence S. 5 E, with the road 78 1/2 feet to a stake; thence up the hill N. 89 E 115 feet to a stake; thence N.28 E. 90 3/4 feet to a stake on the hill side in the old Rust and Mohler line; thence down the hill with the said Rust and Mohler line 115 1/2 feet to the place of beginning, containing 10, 270 square feet, and being the same real estate conveyed unto Nitro Lodge No. 565, Loyal Order of Moose, Inc., a corporation, by deed from D. Ferrari (sometimes designated as Dominic or Dominack Ferrari) and Emma Ferrari, his wife, dated August 9, 1944, and of record in the aforesaid Clerk’s Office in Deed Book 680 at page 488. At the time of execution of the deed of trust, the grantor represented that the address of the property was 101 First Avenue, Nitro, WV 25143. TERMS OF SALE: The Premises will be sold “AS IS, WHERE IS,” in its present condition and with all faults and defects, if any. The property will be conveyed by deed with no covenants of warranty of title. The property shall be sold subject to all liens not discharged by the sale, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges and liens with priority to the Deed of Trust pursuant to which this sale is being conducted. The property shall be sold subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s office or visible upon the ground. The property will be sold for cash in hand on the date of sale to the highest bidder. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamps to be affixed to the deed). The Successor Trustees and Moose International, Inc. shall not be responsible for the removal of any person or personal property from the Premises. Pursuant to the Deed of Trust, the Successor Trustees may postpone the sale by public announcement at the time and place designated and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the Premises at such sale. Dated: May 8, 2020 Eric M. Johnson Esq. R. Douglas Calderwood Successor Trustees 200 Capitol Street Charleston, WV 25301 (304) 347-4253 LC-92372 05-15,22;2020